2 updates: Indonesia's Local Governments Creating Ever More Faith-Based
Bylaws
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Tapol
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Oct 16, 2009 02:47 PDT
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From joyo
also: JG: Stoning, Caning Are Now the
Law in Aceh, Local Legislator Says
The Jakarta Globe
October 16, 2009
Indonesia's Local Governments Creating
Ever More Faith-Based Bylaws
The controversial Aceh bylaw allowing adulterers to be stoned to
death could encourage other local governments to attempt to pass
religious-based laws, a legal group said on Thursday.
Beauty Erawati, from the West Nusa Tenggara Legal Aid Foundation
for Women and Children (LBH Apik), said many local governments
now thought “back to religion” was the solution to all problems.
“With so many problems and disasters, local governments tend to
revert to faith-based regulations, which they think will solve
the problems,” she said. “They say this is about heaven and
hell.”
“But they haven’t analyzed the effects of the regulations. After
all, this is about politics, how to appear good and religious to
your people.”
Beauty said that many areas in eastern Indonesia, including West
Nusa Tenggara (NTB), had implemented regional bylaws, some of
them regulating things people can and cannot wear.
She gave as examples an education bylaw that punished students
caught outside their homes after 6 p.m. and one that mandated
female parents wear a veil when they visited schools.
To get married in NTB people are required to be able to read the
Koran, she said. Even to be allowed to meet their district head,
a person’s ability to read the Koran must be tested.
Ismail Hasani, a researcher at Setara Institute and a lecturer
at Syarif Hidayatullah State Islamic University in Jakarta, said
the public needed to respond to these kinds of bylaws passed by
local governments.
Referring to Indonesia’s “silent majority,” he said it would
take time and that people needed to be made aware of the issue.
“Because when you look at people today, they seem to be quiet.
But if you were to ask them, I am sure that they would disagree
with these faith-based bylaws,” he said. “Most Indonesians are
moderate.”
Ismail said the central government should act to stop local
governments from passing discriminatory bylaws.Anita Rachman
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The Jakarta Globe
October 16, 2009
Stoning, Caning Are Now the Law in Aceh, Local Legislator Says
by Nurdin Hasan & Anita Rachman
photo: A woman walks past by a sign advising people to wear
Muslim attire at Baiturrahman Grand Mosque in Banda Aceh. A
local lawmaker says a controverisial bill allowing Shariah-style
stoning and caning has gone into effect in the province. Heri
Juanda, AP
Banda Aceh. A controversial bill that includes a provision for
the stoning to death of adulterers is now officially law, even
without the signature of the Aceh governor, a local councilor
said on Thursday.
The draft of the Qanun Jinayat Code, a set of bylaws that
replaces elements of the Criminal Code with Shariah provisions
for Muslims, was endorsed by the Aceh Legislative Council on
Sept. 14.
The measures call for the stoning of adulterers and 100 lashes
for anyone caught engaging in premarital sex, among its other
punishments.
The ratification of the bill has been sharply criticized by
human rights activists, and Governor Irwandi Yusuf reportedly
refused to sign it into law.
Moharriadi Syafari, a councilor from the Muslim-based Prosperous
Justice Party (PKS), said the main reason for the law was to
“save” people in Aceh from acts not approved by religion.
“Human rights activists should not see the Qanun Jinayat from a
narrow-minded perspective, as though it breaches human rights,
because basically Islamic law has a high respect for human
rights,” Syafari said.
He said the bill automatically became law 30 days after being
endorsed by the council despite the governor’s refusal to
endorse the measure.
“Just because the Qanun Jinayat has been passed, it doesn’t mean
a lot of people will be stoned in Aceh,” Syafari said. “It’s
very difficult to prove adultery. Even if a person admits they
committed adultery, they will not automatically be stoned.”
He said it would take about a year before the law was
implemented because various legal instruments need to be
prepared and the government had to promote awareness of the new
law.
“It is the Aceh government’s job to make the public aware of the
law while also improving public welfare,” Syafari said. “We hope
these two things can be done simultaneously.”
Abdul Hamid Zein, a spokesman for the Aceh administration, said
the governor refused to sign the law because of his objection to
stoning.
“The Aceh administration already sent a letter to the council to
inform it of the governor’s refusal to sign the law,” he said.
“We ask for the board to review the law.”
Zein agreed the Qanun Jinayat draft would come into effect even
without the governor’s signature, but said the administration
would still seek a review by the central government.
Saut Situmorang, a Ministry of Home Affairs spokesman, said the
central government had the authority to supervise regional laws.
“Regional bylaw must be approved by the legislative council and
the regional authority, in Aceh’s case the governor,” he said.
“We will see if the approval is valid.”
Meanwhile, Norma Manalu, who represents a coalition of human
rights nongovernmental organizations, said most people in Aceh
were either unaware of the law or did not fully understand its
implications.
“Mass media in Aceh only announced the law after it was passed
by the legislative council,” she said. “Most people don’t know
about the law.”
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